The Use of Survey Research in Trial Consulting

Abstract

Survey research is among the oldest tools used by trial consultants. When the field first emerged in the early 1970s, assistance with jury selection was the only reason to hire a trial consultant (Barber, 1994; Lane, 1999). In fact, at that time, trial consultants were more likely to be called “jury selection experts” (Fulero & Penrod, 1990), and the principle methodology used to inform jury selection was community surveys, in which members of a community were asked about their views on relevant topics. Today, trial consultants offer a range of services beyond jury selection. As the range of services has grown, so have the contexts in which survey research is used. While surveys remain important in jury selection, trial consultants now use them at every phase of litigation. For example, they conduct surveys to support a change of venue motion, to test trial themes (strategic messages used to tie a case together or make an emotional impact), or to provide evidentiary support for the case itself.